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Old 12-28-2014, 08:55 AM
 
27 posts, read 25,747 times
Reputation: 15

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I'm having trouble with a tenant, the lease agreement is for 18 months but these tenant is doing things that are prohibited or not stated on the lease for example

-noisy, loud music
-tenant changed locks and didnt give me keys
-tenant parks on driveway without permission

If I evict him is there a chance I win and the court orders him to move out or no? The state is New Jersey.
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Old 12-28-2014, 09:13 AM
 
Location: The Triad
34,091 posts, read 82,473,972 times
Reputation: 43648
Quote:
Originally Posted by jasonc06 View Post
I'm having trouble with a tenant...
tenant is doing things that are prohibited or not stated on the lease...

If I evict him...
Is that want you want to have happen?
Or do you prefer to have the problem go away and continue their tenancy?

Step1:
In writing... you TELL the tenant to "remedy" the problem(s).
Be emphatic. They may not realize the issues and will promptly comply.
It's happened.

Step 2:
In writing... you TELL the tenant to "remedy" the problem(s) or quit.

Step 0 comes first though:
Find and talk to a LL oriented RE attorney. Pay their bill.
They'll review the lease, explain the law, describe the **process**
and the burden of the LL to phrase those notes and act according to the law.
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Old 12-28-2014, 09:18 AM
 
27 posts, read 25,747 times
Reputation: 15
Thanks for the response. I really prefer him to move out. I'm just angry because I feel his the owner of the house, it seems he can do whatever, he knows his not suppose to do those things and he keeps doing them. I told him I need keys from the house for any emergency with the utilities etc..and he ignores me.

The law protects him more than me thank you once again.
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Old 12-28-2014, 09:25 AM
 
Location: The Triad
34,091 posts, read 82,473,972 times
Reputation: 43648
Quote:
Originally Posted by jasonc06 View Post
I told him I need keys from the house for any emergency...
On this one the OWNER can force entry and change the locks.
Find that attorney first though... as it's rather clear that you aren't imposing any authority
and any of this done poorly will very likely create even more problems for you.
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Old 12-28-2014, 09:47 AM
 
Location: St Thomas, US Virgin Islands
24,665 posts, read 69,440,049 times
Reputation: 26726
Serve your tenant 3 day "cure or quit" notices in accordance with NJ state law. If your lease has a quiet clause you can serve one for that as it's a lease violation; serve one for changing the locks - either he changes the locks back or provides you with keys to the new locks; serve one for parking in the driveway in violation of the lease terms.

If he fails to cure all the violations in 3 days, file your eviction based on whatever he's failed to cure.

If he cures all the violations then he's fulfilled his obligation and you can't evict him but will have to wait until either his lease expires when you won't renew it - or keep an eye on him and cite him for any future lease violations.

Termination for Violation of Lease State Laws | Nolo.com

http://rhol.org/csu/evictions/New%20...erseySteps.htm

Last edited by STT Resident; 12-28-2014 at 09:59 AM..
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Old 12-28-2014, 10:08 AM
 
27 posts, read 25,747 times
Reputation: 15
Oh I think he will comply because of the low rent that I put on the lease ($800) for an apartment of two bedrooms in Bergen County, NJ. I will probably be stuck with him for 18months him doing whatever he wants..then me sending notices..and him stopping for a while.

Let me ask you a question if his the one breaking the lease for example he moves without giving me a notice of 30 day..his responsible for the remaining months of re t right?
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Old 12-28-2014, 11:31 AM
 
Location: St Thomas, US Virgin Islands
24,665 posts, read 69,440,049 times
Reputation: 26726
jasonc06, you really need to study the NJ landlord tenant laws - you'll find them linked in the first "sticky" on this forum.

If a tenant breaks a lease in NJ then yes, he's obligated under the contract BUT a landlord has to mitigate his damages by making every attempt to re-rent the unit and can't just sit back and collect money for the remainder of the lease - nor can he re-rent it and "double dip" on rent. If the unit is indeed priced below value in your market then you likely would have no problem re-renting it.

Read and study your state laws so you have a better understanding of what's expected of you as a landlord and what's expected of your tenants. It might be well worth your while, too, to sit down with a real estate attorney before you re-rent the place. He/she can tailor a lease specifically tailored to your situation. You'll likely be also advised not to enter into a lease more than one year long - that's the norm.

Better understanding the laws, and money spent on an attorney, will be well worth it to better avoid future headaches. Good luck!
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Old 12-29-2014, 11:27 AM
 
Location: southwest TN
8,568 posts, read 18,031,561 times
Reputation: 16701
Setting such a low rent in that area was actually asking for a problem tenant. Raise the rent to get a better tenant next time.
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